Right to silence in India

The Right to Silence also called as a citizen’s privilege is an essential legal right enforced by the Constitution of India. According to this law no police officer has the right to interrogate or force anyone accused of committing a crime to confess his crimes. Police officers will have to provide a written document explaining the citizen’s rights. The citizens can then choose if they want to remain silent or not and should be provided with access to a lawyer at all times during interrogation. This act was passed in 1963 and amended in 2005, to include electronic recordings of interrogations of suspected criminals in custody..

Article 20(3) stays on the privilege of those accused to withhold any response which might be utilized as proof against him. The guarantee under Article 20(3) is not just against any treatment which will bring on brutality and inhumane misery to an individual, yet similarly noninterference with his physical identity and his private territory simply because he is being pressed to give an explanation regarding the offense charged.Right to silence is a standout amongst the most imperative human rights that we as individuals get from the constitution of India. It is innovative, straightforward and genuine security given to every indian resident by the law specialists. It is additionally called the privilege not to talk about wounds or wrongdoings asserted underneath particular premises. In this way, when it is furnished to an accused at the correct time and situation, it can be in charge of reducing rates of miscarriages of justice and furthermore cash on police systems.

It is on an accused person to utilize the right to stay quiet in such a manner that it would not be used intentionally to take a logical advantage. The right guaranteed to an accused under Article 20(3) of the Indian Constitution holds the privilege and him not to give any explanation, but it doesn’t mean that an accused may remain silent by saying that he wishes not to speak anything since he is exercising his right under this law. It was done so because it is risky to believe on an accused person’s assurance that whatever he say will be genuine and he has said nothing else, while his behavior can be used against him. To avoid from any allegation such as suppressing evidence, prevarication or even ‘false implication’ of innocent people, Section 161(2) of the code of criminal procedure foresees a warning of caution before recording any statement to the accused.

As long as a conscious effort is made by such people who fall within the ambit of law that they can speak out in favor of themselves, their defense shall always prevail irrespective of their status in life.These guidelines given by the Supreme Court of India in D.K. Basu (1997) are highly relevant in the context of the right to silence in the United States. The right to remain silent is vital not just because it gives individuals a defense in court, but also because it protects individuals from police interrogation tactics that have been proven to elicit false confessions. If different states were to pass similar laws that require police officers and prosecutors to inform people of their Fifth Amendment rights, and also require police officers to stop interrogating people once they invoke their rights and request an attorney, innocent people would be protected from coercive methods of interrogation, such as those outlined above.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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